Terms of Service

Effective Date: May 16, 2026 Last Updated: May 25, 2026 Version: 1.3.0 (reconciled with Privacy Policy v1.3.0 + Data Processing Agreement v1.1.0 — adds 5G.31 third-party identity provider acknowledgement [Sign in with Apple + Sign in with Google] in §16; pending California attorney sign-off, see ROADMAP 6.3 / 6P.10)

These Terms of Service (the "Terms") form a binding legal agreement between you ("you," "your," or "Customer") and ClearDeduct ("ClearDeduct," "we," "our," or "us"). They govern your access to and use of the ClearDeduct mobile application, website at cleardeduct.com, and any related services we provide (collectively, the "Service").

Read these Terms carefully. They contain important provisions, including a binding arbitration agreement and a class-action waiver in Section 18.

By creating an account, downloading the app, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility and Commercial Use Stipulation

You may use the Service only if:

1. You are at least 18 years old and capable of forming a binding contract under California law.
2. You are not barred from using the Service under the laws of the United States or your jurisdiction.
3. You manage rental property that you legally own or are legally authorized to manage.

Commercial Use Only: The ClearDeduct Service is exclusively a business-to-business (B2B) compliance and property management tool. By creating an account and utilizing the Service, you expressly represent, warrant, and stipulate that you are procuring the Service solely for commercial, business, or investment purposes related to real estate management.

You acknowledge and agree that the Service is not intended for, nor is it being procured for, personal, family, or household purposes. Accordingly, you stipulate that you do not qualify as a "consumer" under the California Consumers Legal Remedies Act (Civil Code §1750 et seq.), and you expressly waive any right to assert claims, including class action claims, statutory damages, or attorney's fee requests, under that statute or any similar consumer-protection framework.

If you are using the Service on behalf of a business entity, you represent that you have authority to bind that entity, and "you" refers to both you personally and the entity.

2. The Service

ClearDeduct provides software tools that help California landlords:

• Document rental property condition through timestamped photographs.
• Comply with California Assembly Bill 2801 (AB 2801) and Civil Code §1950.5.
• Generate move-in condition reports, pre-move-out inspection notices, and itemized deposit-disposition statements.
• Track the 21-day deposit-return deadline.

The Service is software. It is not a law firm. We do not provide legal advice. We do not represent you in disputes. Compliance with AB 2801 and any other law is your responsibility. See Section 12 (Disclaimer of Legal Advice).

We may add, modify, or remove features at any time. We will give reasonable advance notice of material changes that reduce functionality.

3. Account Registration

To use the Service you must create an account using a valid email address. You agree to:

• Provide accurate and complete information.
• Keep your password confidential.
• Use a strong password (at least 12 characters).
• Notify us promptly of any unauthorized access.

You are responsible for all activity on your account. We may suspend or terminate accounts that show signs of unauthorized use, fraud, or violation of these Terms.

CPRA Notice at Collection: Pursuant to the California Privacy Rights Act (CPRA) and 11 Cal. Code Regs. §7012, at the point of account registration we provide a brief, conspicuous Notice at Collection summarizing the categories of personal information we collect, the business purposes for which it is used, and the five core CPRA consumer rights (know, delete, opt-out of sale/sharing, correct, limit use of sensitive personal information). For full details, see our Privacy Policy §2 (Information We Collect), §3 (How We Use Information), and §8 (Your Privacy Rights).

4. Subscription Plans, Free Trial, and Billing

4.1 Plans and Pricing

Subscription plans, features, and pricing are described on our website and in the app. We may change pricing prospectively with at least 30 days' notice. Price changes do not affect the current paid term of your subscription.

4.2 No Free Trial

ClearDeduct does not offer a free trial. New subscribers begin with a paid subscription from day one. Our risk-reversal mechanism is the 14-day money-back guarantee described in Section 4.4 — you may try the Service risk-free and request a full refund within 14 days if it does not meet your needs.

This policy reflects our positioning as a premium compliance specialist tool: it ensures committed users, prevents free-tier abandonment, and allows us to dedicate engineering resources to product quality rather than trial management.

4.3 Billing

• All payments are processed by Stripe, Inc. Your card information is handled by Stripe under their terms; we do not store full card numbers.
• Subscriptions renew automatically at the end of each billing period (monthly or annual) until cancelled.
• All fees are stated in U.S. Dollars and are exclusive of taxes. You are responsible for any applicable sales, use, value-added, or similar taxes.
• Payments are non-refundable except as expressly stated in Section 4.4 or as required by law.

4.4 Refunds — 14-Day Money-Back Guarantee

Initial subscription (first 14 days):

• Full refund available within 14 days of your initial purchase, no justification required, no questions asked.
• Applies to both monthly and annual plans.
• Request via Settings → Subscription → Request Refund (one-click) or by emailing billing@cleardeduct.com.
• Refund is processed within 3–5 business days to the original payment method.

After 14 days — cancellation, not refund:

• Monthly subscriptions: non-refundable after the 14-day window; you may cancel at any time and retain access through the end of the current billing period.
• Annual subscriptions: after the 14-day window, no pro-rated refund of the unused portion; you may cancel at any time and retain access through the end of the current annual term.

Renewal charges:

• Annual renewals: 14-day refund window applies to each renewal in the same manner as the initial purchase.
• Monthly renewals: no refund window on renewals; cancel before the renewal date to avoid the charge.

This refund policy is intentionally generous and customer-friendly. We believe in earning your trust through product quality rather than retention friction. If our refund mechanism ever fails to work as described, please email billing@cleardeduct.com and we will resolve the issue manually.

Anti-abuse guardrail — value extraction void: The 14-day money-back guarantee is immediately and automatically voided if, during the 14-day window, you generate, download, export, share via secure link, or otherwise utilize a finalized AB 2801 compliance report (move-in inspection report, move-out disposition statement, or pre-inspection notice) or transmit any tenant-facing notification produced by the Service. The guarantee is designed to let you evaluate the software interface, not to provide free compliance documentation. If you have completed the value-extraction loop and request a refund, we will inform you of this clause and decline the request; you may continue using the Service through your paid term or cancel future renewals as described in Section 4.6.

4.5 Failed Payments, Cancellation, and Data Lifecycle

If a payment fails, we may attempt to process the payment method up to three (3) times over a seven (7) day period. If payment is not successfully processed, your account will be immediately downgraded to suspended status, and the creation of new property inspections will be disabled.

Data Lifecycle — Bifurcation between Unperfected Documentation and Finalized Dispositions:

ClearDeduct's data destruction protocol upon payment failure, voluntary cancellation, or refund issuance distinguishes between two categories of data, in alignment with both (i) California Civil Code §1950.5(g)(1)–(2) (AB 2801 photo documentation mandates) and (ii) CPRA data-minimization principles (Cal. Civ. Code §1798.100(c)):

1. "Unperfected Documentation" — any photograph, EXIF metadata, inspection note, deduction draft, or other Content that has not been compiled into a finalized AB 2801 compliance artifact (such as a Move-Out Disposition Statement, Move-In Condition Report, or Pre-Inspection Notice that has been generated and made available for transmission to a tenant). Because no statutory retention purpose has crystallized, Unperfected Documentation is purged at the end of the thirty (30) day grace period described below, in accordance with CPRA data minimization.
2. "Finalized Dispositions" — any photograph, metadata, or report that has been compiled into a finalized AB 2801 compliance artifact (regardless of whether the artifact was actually sent to a tenant). Because a statutory retention purpose has crystallized under Civil Code §1950.5(g)(1)–(2), Finalized Dispositions are retained for the full four (4) year period mandated by AB 2801 plus the 4-year statute of limitations on written contracts (Cal. Code Civ. Proc. §337), notwithstanding account cancellation, refund, or termination. See Privacy Policy §7.1 for the parallel retention schedule.

Thirty (30) day grace period: Upon payment failure or subscription cancellation, ClearDeduct will preserve all Your Content (both Unperfected Documentation and Finalized Dispositions) in a read-only state for thirty (30) days. During this grace period, it is your sole responsibility to export all Your Content using Settings → Download My Data.

At the end of the grace period:

• Unperfected Documentation will be permanently and irreversibly deleted.
• Finalized Dispositions will be migrated to encrypted long-term archive storage for the remainder of their statutory retention period and remain governed by the data-protection obligations in our Privacy Policy.

ClearDeduct disclaims all liability for any loss of evidence, statutory non-compliance, or legal penalties you incur resulting from your failure to export and secure your data prior to the end of the grace period.

4.6 Subscription Cancellation and Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle (monthly or annually) unless you cancel prior to the renewal date. By subscribing, you provide your express affirmative consent to these automatic renewal terms and authorize Stripe to continuously charge your designated payment method.

How to Cancel — Click to Cancel: You may cancel your subscription exclusively online, at will, and without obstruction. To cancel, navigate to Settings → Billing and select the continuously displayed "Click to Cancel" button. If you initiate cancellation online, ClearDeduct will process the termination immediately, subject to your right to access the Service through the end of your current paid billing period. While we may present you with a discount or retention offer during the cancellation process, the "Click to Cancel" button will remain prominently and proximately available to process your cancellation without delay.

Same-Medium Cancellation: Because you signed up online, you may cancel online. ClearDeduct will not require a phone call, postal mail, or chat session to process your cancellation.

Notices and Reminders: ClearDeduct will provide clear and conspicuous notice of any material changes to your subscription, including price modifications, between seven (7) and thirty (30) days prior to the change taking effect. Additionally, for any subscription that continues for one (1) year or longer, ClearDeduct will send an annual reminder notice to the email address on file containing your subscription details, the frequency of charges, the amount of the next charge, and a direct link to the cancellation mechanism. Cancellation takes effect at the end of the current billing period, after which your account will enter the thirty (30) day export grace period defined in Section 4.5.

5. Your Content

"Your Content" means the photos, inspection notes, deduction line items, contractor invoices, tenant contact information, and other data you upload to the Service.

5.1 Ownership

You retain all rights, title, and interest in Your Content. ClearDeduct does not claim ownership.

5.2 License to Us

You grant ClearDeduct a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, process, and back up Your Content solely for the purposes of providing the Service to you and complying with our legal obligations. This license terminates when you delete the content, except for backup copies retained for the periods stated in Section 7.

5.3 Your Responsibilities

You represent and warrant that:

• You have the legal right to upload Your Content (including photographs of rental properties).
• You have obtained any required consents from other persons depicted in or identifiable through Your Content.
• Your Content does not violate any third party's rights, including privacy, publicity, intellectual-property, or contractual rights.
• Your Content complies with applicable laws.

We are not obligated to monitor Your Content, but we may review and remove content that, in our reasonable judgment, violates these Terms or applicable law.

5.4 Evidentiary Integrity and Metadata Disclaimer

Reliance on EXIF / GPS metadata as a core functional requirement. The ClearDeduct platform structurally relies upon the Exchangeable Image File Format (EXIF) metadata, Global Positioning System (GPS) coordinates, and system-clock data extracted from your device at the moment a photograph is captured or uploaded. This metadata is a vital and necessary functional input to the Service: we use it to automate timestamp overlays, geolocation watermarks, deadline calculations, and the construction of AB 2801 compliance reports. Without this metadata, the Service cannot deliver its core compliance functionality. This affirmative reliance is what enables ClearDeduct to invoke the CPRA §1798.121(a) "performing the services" exemption with respect to precise geolocation as Sensitive Personal Information (see Privacy Policy §8.1).

Hardware-level accuracy disclaimer (narrow scope). While we structurally utilize the metadata your device provides, we strictly disclaim the ability to verify, and we do not guarantee, the hardware-level accuracy of:

• The device's GPS sensor (signals can be degraded by indoor walls, urban canyons, weak cellular signal, or spoofed by third-party tools).
• The device's internal system clock (which can be manually altered or drift out of sync with reliable network time protocol).
• The integrity of EXIF data after it has passed through third-party applications or network transfers that may strip or modify critical fields before upload.

It is your sole responsibility to ensure that:

• Your device hardware is properly configured and time-synced to a reliable NTP server.
• Location permissions are accurately granted to the ClearDeduct app at the time of photo capture.
• Photographs are captured directly through the ClearDeduct app's native capture flow rather than imported from external messaging or photo applications that may strip metadata.

ClearDeduct disclaims all liability for any evidence deemed inadmissible in a legal proceeding, arbitration, or small-claims court due to hardware-induced inaccuracy (clock drift, GPS degradation, EXIF stripping by third-party apps). This narrow disclaimer is structurally compatible with our affirmative reliance on the metadata type itself — we depend on the data packet's presence and use it to drive compliance features, but we cannot guarantee the underlying physical-device fidelity.

Falsification of timestamps, GPS data, or photographic evidence to deceive a tenant, judicial body, or any other party constitutes a material breach of these Terms and results in immediate account termination for cause under §8.2(b) (see also §6 Acceptable Use).

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or to violate the rights of any third party.
• Upload content that is fraudulent, defamatory, harassing, threatening, or infringing.
• Falsify or alter timestamps, GPS data, or photographic evidence to deceive any party (this defeats the entire purpose of AB 2801 compliance and is a material breach of these Terms).
• Reverse-engineer, decompile, or attempt to extract source code, except where this restriction is prohibited by applicable law.
• Probe, scan, or test the vulnerability of our systems without our prior written authorization (responsible-disclosure reports to security@cleardeduct.com are welcome).
• Use the Service to send unsolicited bulk communications.
• Access the Service through automated means (bots, scrapers) other than the public REST API documented for your account.
• Resell, sublicense, or rent the Service to a third party without our written consent.
• Attempt to circumvent any usage limits or billing controls.

We may suspend or terminate access if you violate this Section.

7. Data Retention, Privacy Rights, and Statutory Holds

ClearDeduct retains data per the schedule below, which is also documented in our Privacy Policy:

7.1 CCPA / CPRA Consumer Rights

ClearDeduct complies with the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). Subject to verifiable identity confirmation, you and other California residents whose personal information has been collected by the Service possess the following five core rights, as detailed fully in our Privacy Policy:

1. Right to know what personal information is collected, used, shared, or sold;
2. Right to delete personal information collected from you (subject to the statutory exceptions described in Section 7.2);
3. Right to opt-out of the sale or sharing of personal information (ClearDeduct does not sell or share personal information for cross-context behavioral advertising; this disclosure is provided for completeness);
4. Right to correct inaccurate personal information;
5. Right to limit the use and disclosure of sensitive personal information.

To exercise any of these rights, email privacy@cleardeduct.com or use the Service's data-export and account-deletion tools at Settings → Privacy & Data.

7.2 Statutory Retention Override (AB 2801)

California Civil Code §1950.5 (as amended by AB 2801) establishes a legal obligation requiring landlords to retain photographic evidence of rental units and security-deposit dispositions for a period of four (4) years. Accordingly, if you (or your tenants) submit a verifiable request to delete personal information under the CCPA/CPRA, ClearDeduct will honor the request for general account, profile, and marketing data.

However, ClearDeduct expressly reserves the right, under California Civil Code §1798.105(d)(8), to deny the deletion request with respect to timestamped photographs, inspection reports, disposition statements, and associated metadata. Such data will be placed under a statutory legal hold and retained in an encrypted, read-only archive solely for the purpose of complying with the legal obligations set forth in Civil Code §1950.5. Once the four-year statutory retention period associated with a specific tenancy expires, the archived data will be permanently destroyed in accordance with the original deletion request.

This retention override is not optional and is required by California law. You may export your photographs and reports at any time before deletion via Settings → Download My Data.

8. Account Termination

8.1 By You

You may close your account at any time via Settings → Delete My Account. Account closure starts a 30-day grace period during which the account is deactivated but recoverable. After 30 days, we permanently delete or anonymize your personal information, subject to the legal-retention requirements in Section 7.

8.2 By Us

We may suspend or terminate your account if any of the following grounds apply. The data-handling consequences differ depending on whether termination is for cause (grounds (a)–(c) below) or for convenience (grounds (d)–(e) below):

Termination for cause — immediate suspension permitted, no 30-day export grace period for Unperfected Documentation:

• (a) You violate these Terms or applicable law.
• (b) You falsify, manipulate, or alter EXIF metadata, GPS coordinates, or timestamps to deceive a tenant or judicial body (a material breach of §6 Acceptable Use).
• (c) Your payment is overdue by more than 30 days and you have failed to respond to our notices regarding the delinquency.

Termination for convenience or non-fault grounds — 30-day export grace period applies per §4.5 and Privacy Policy §7.1:

• (d) We are required to terminate by a court order or government request.
• (e) We discontinue the Service entirely (we will provide at least 90 days' notice and an export option).
• (f) For convenience or any other reason in our sole discretion, including operational, commercial, or risk-management considerations.

Pro-rata refund for termination for convenience: If we terminate your account under grounds (e) or (f) (and not for cause), we will refund any prepaid, unused subscription fees on a pro-rata basis within 30 days of termination. This refund is the exclusive remedy for termination for convenience and does not affect any rights you may have under California Civil Code §1668 or our Limitation of Liability under §14. No refund is provided for termination for cause under grounds (a)–(c).

Data destruction protocol upon termination for cause: Notwithstanding the 30-day export grace period generally promised in Privacy Policy §7.1, termination under grounds (a)–(c) results in immediate revocation of platform access. Unperfected Documentation (defined in §4.5) will be scheduled for immediate and irreversible destruction, bypassing the standard 30-day retrieval window. Finalized Dispositions (defined in §4.5) remain subject to the statutory four-year retention mandate of Civil Code §1950.5(g)(1)–(2) regardless of termination grounds; ClearDeduct's continuing custody of these records does not constitute a continuing service relationship.

8.3 Effect of Termination and Survival of Obligations

Upon termination, your right to use the Service ends immediately. The data-handling protocol depends on termination grounds, as described in §4.5 (data lifecycle) and §8.2 (termination triggers and cause vs convenience distinction).

Surviving sections of these Terms: §1 (eligibility and commercial-use stipulation), §5 (your content, including §5.4 evidentiary integrity), §7 (data retention and statutory holds), §11 (intellectual property), §12 (disclaimer of legal advice and statutory compliance), §13 (warranty disclaimer), §14 (limitation of liability), §15 (indemnification, including DPA incorporation), §16 (sub-processor obligations regarding archived data), §18 (dispute resolution, including PAGA severability), and §19 (general).

Surviving Privacy Policy and DPA obligations: Notwithstanding the integration clause in §19 (which provides that these Terms constitute the entire agreement), the following obligations established in our Privacy Policy and Data Processing Agreement expressly survive the termination or expiration of this agreement until the underlying data is legally and permanently destroyed in accordance with the applicable retention schedule:

• Data retention obligations for Finalized Dispositions under Privacy Policy §7.1 and Cal. Civ. Code §1950.5(g)(1)–(2);
• Breach notification timelines under Privacy Policy §9.1 (California SB 446: 30-day consumer + 15-day Attorney General; GDPR Art. 33: 72-hour supervisory authority);
• Security obligations under Privacy Policy §9 (encryption, access controls, RLS, audit logs);
• Data Processing Agreement obligations regarding tenant data confidentiality, processing limitations, and sub-processor constraints;
• The DSAR / privacy-rights response obligations under Privacy Policy §8 with respect to data still in our custody under the statutory retention hold.

This explicit survival ensures legal continuity for the entire four-year AB 2801 retention period regardless of subscription status, and prevents any interpretation that our termination of your account also terminates our continuing data-protection duties.

9. Confidentiality and Service Data

We will treat Your Content as confidential and use commercially reasonable efforts to protect it. We will not access Your Content except as needed to operate the Service, troubleshoot bugs you report, comply with law, or as you instruct.

10. Modifications to the Service

The Service is subject to change. We may add features, fix bugs, or remove functionality. We will give at least 30 days' notice of material reductions in functionality. Your continued use after a change constitutes acceptance.

11. Intellectual Property

The Service, including its software, design, branding, and documentation, is owned by ClearDeduct and is protected by United States and international copyright, trademark, and other intellectual-property laws.

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for the duration of your subscription, subject to these Terms. We reserve all rights not expressly granted.

"ClearDeduct," the ClearDeduct logo, and other product names are trademarks of ClearDeduct. You may not use them without our written permission.

12. Disclaimer of Legal Advice and Statutory Compliance (CRITICAL)

ClearDeduct provides administrative software tools designed to assist in the organization of property records. ClearDeduct is not a law firm, does not provide legal advice, and does not act as your agent or fiduciary.

The Service includes features such as automated timeline tracking, notifications, document generation, and informational templates relating to California Assembly Bill 2801 and California Civil Code §1950.5. These features are provided as a convenience only. We make no representation that the templates, calculations, or deadline calculations satisfy the requirements of your specific situation.

12.1 Statutory Deadline Responsibility

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU BEAR THE SOLE AND EXCLUSIVE RESPONSIBILITY FOR STRICT COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING THE 21-DAY STATUTORY DEADLINE FOR SECURITY DEPOSIT DISPOSITION UNDER CALIFORNIA CIVIL CODE §1950.5. CLEARDEDUCT SHALL NOT BE LIABLE FOR ANY DAMAGES, LOST DEPOSITS, STATUTORY PENALTIES, OR LEGAL FEES ARISING FROM YOUR FAILURE TO MEET ANY LEGAL DEADLINE.

You acknowledge that software systems are subject to outages, latency, third-party delivery failures (including but not limited to email filtering, spam-folder routing, internet service disruptions, cron job failures, database deadlocks, third-party SMTP relay delays, push notification suppression, and processing errors). ClearDeduct disclaims any warranty that reminders, notifications, or reports will be generated, dispatched, or received within any specific timeframe. You agree to independently track all statutory deadlines using your own secondary calendaring systems and to not rely exclusively on ClearDeduct notifications.

12.2 General Responsibilities

You are solely responsible for:

• Determining whether your use of the Service complies with applicable law.
• Reviewing every report, notice, and statement before you send it to a tenant or third party.
• Consulting a licensed attorney for legal questions specific to your situation.
• Maintaining independent backup records and deadline tracking.

Use of the Service does not create an attorney–client relationship between you and ClearDeduct.

13. Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEARDEDUCT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

No Service-Level Guarantee. We do not warrant that the Service will be uninterrupted, error-free, fully secure, available without downtime, or that any defects will be corrected within any specific timeframe. We do not warrant any particular uptime percentage, latency level, data durability rate, or recovery time objective. We do not warrant that the Service will satisfy any particular regulatory requirement. The Service relies entirely on third-party cloud infrastructure (including Supabase, PostgreSQL, Stripe, Vercel, and email delivery providers), and ClearDeduct disclaims any and all liability for outages, latency, data loss, or service interruptions caused by such third-party providers.

Operational descriptions of the Service throughout these Terms (including but not limited to references to automated retries, email reminders, photo storage, and report generation) describe intended capability rather than guaranteed performance. ClearDeduct may attempt these operations on a commercially reasonable basis but does not promise that any specific operation will succeed at any specific time.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above disclaimer applies only to the extent permitted.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLEARDEDUCT, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF CLEARDEDUCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEARDEDUCT'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO CLEARDEDUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Failure of Essential Purpose. The limitations in this Section apply even if a remedy fails of its essential purpose.

Statutory Carve-Outs (California Civil Code §1668). NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL EXCLUDE, CAP, OR LIMIT EITHER PARTY'S LIABILITY FOR:

(A) GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; (B) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (C) ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY LIMITED OR EXCLUDED UNDER CALIFORNIA CIVIL CODE §1668 OR OTHER APPLICABLE LAW.

The limitations in this Section do not apply to (i) Your indemnification obligations under Section 15, or (ii) Your obligation to pay applicable subscription fees.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

15. Indemnification and Data Processing Agreement

15.1 Data Processing Agreement (DPA) Incorporation

You acknowledge that in the course of utilizing the Service to comply with AB 2801, you will upload third-party personal information belonging to your tenants (including names, contact information, lease details, and photographs of their living spaces). For the purposes of the California Privacy Rights Act (CPRA) and all other applicable data-protection laws, you are the Business / Data Controller of this tenant data, and ClearDeduct operates exclusively as your Service Provider / Data Processor.

Our processing of tenant data is governed strictly by the ClearDeduct Data Processing Agreement ("DPA"), which is incorporated by reference into these Terms. By agreeing to these Terms, you formally accept the provisions of the full DPA and authorize ClearDeduct to process tenant data solely to deliver the AB 2801 compliance features of the Service. The DPA's full text is publicly accessible at cleardeduct.com/dpa and in-app via Settings → Legal → Data Processing Agreement. A summary of DPA provisions is set out in Privacy Policy §1.2.

In the event of any conflict between these Terms and the DPA with respect to the processing of tenant personal data, the DPA shall prevail.

15.2 Customer Indemnification of ClearDeduct

You agree to defend, indemnify, and hold harmless ClearDeduct, its officers, employees, contractors, and agents from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of or related to:

• Your Content.
• Your use of the Service.
• Your violation of these Terms or the DPA.
• Your violation of any third party's rights, including privacy or intellectual-property rights.
• Your violation of applicable law (including AB 2801 and California Civil Code §1950.5).
• Your failure to provide statutorily required pre-move-out inspection notices, your execution of bad-faith security-deposit deductions, or your falsification of EXIF / GPS / timestamp metadata.
• Any claim by a tenant or third party that Your Content (including photographs taken inside the rental unit) violates their privacy rights, property rights, or constitutes harassment.

We will give you prompt notice of any claim, allow you to control the defense (with counsel reasonably acceptable to us), and reasonably cooperate at your expense. You may not settle any claim that imposes obligations on us without our written consent.

Your indemnification obligations under this Section are not subject to the Limitation of Liability cap in §14 (see §14's express carve-out for indemnification).

16. Third-Party Services and Sub-Processors

16.1 General Authorization

To operate the Service and deliver the AB 2801 compliance functionalities, ClearDeduct engages specialized third-party infrastructure and service providers. By agreeing to these Terms, you grant ClearDeduct general written authorization under GDPR Article 28(2) and CPRA §1798.140(d) to engage the sub-processors listed in Privacy Policy §5.1 to process Your Content and tenant personal data on your behalf.

The current sub-processor list includes Supabase (database / storage), Stripe (subscription billing), Resend (transactional email), Vercel (web hosting), Expo / Apple APNs / Google FCM (push notifications), Sentry (crash reporting), and Cloudflare (DNS / email routing). See Privacy Policy §5.1 for the authoritative, up-to-date list with purposes and locations.

Identity providers — scope limitation: If you choose to create your account or sign in via Sign in with Apple (Apple Inc.) or Sign in with Google (Google LLC) — both available on cleardeduct.com as alternatives to email + password — those providers function as identity sub-processors only. They authenticate your landlord account; they do not receive or process Tenant Personal Data. The sub-processor contract obligations set out in this §16 (and in Data Processing Agreement §4) are calibrated for sub-processors that handle Tenant Personal Data, so they do not contractually bind Apple's or Google's identity verification services. Use of those services is governed by each provider's own terms (Apple — developer.apple.com/sign-in-with-apple; Google — developers.google.com/identity) and disclosed in Privacy Policy §5.1 + §5.1a. Sign in with Apple / Google is entirely optional — email + password account creation remains available.

16.2 Sub-Processor Obligations

ClearDeduct remains liable to you for the performance of our sub-processors' data-protection obligations. Each engaged sub-processor is bound by written agreements imposing data-protection terms no less protective than those established in our Privacy Policy and Data Processing Agreement (see §15). Sub-processors are strictly prohibited from selling, sharing, or using your tenant data for cross-context behavioral advertising, profiling, or proprietary model training.

16.3 Notification of Sub-Processor Changes

ClearDeduct will provide prior notice (via email or in-app notification) of any intended addition or replacement of a sub-processor that handles tenant personal information. You will have fourteen (14) days from the date of the notice to reasonably object on legitimate data-protection grounds. If ClearDeduct cannot reasonably accommodate your objection, your sole and exclusive remedy is to terminate your subscription for convenience under §8.2 prior to the new sub-processor processing your data.

16.4 Use of Third-Party Services

Your use of the third-party services listed in §16.1 is also subject to their respective terms and privacy policies. ClearDeduct is not responsible for the acts or omissions of third-party providers acting outside the scope of their contractual obligations to us.

17. Export and Sanctions Compliance

You may not use the Service in violation of U.S. export laws, including the Export Administration Regulations and U.S. sanctions programs. You represent that you are not located in, or a national of, a country embargoed by the United States, and that you are not on any U.S. government list of restricted parties.

18. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

18.1 Informal Resolution

Before filing any formal claim, you agree to first contact us at legal@cleardeduct.com with a description of the dispute and the relief you seek. We will attempt to resolve the dispute informally within 30 days.

18.2 Binding Arbitration and Venue

If informal resolution fails, any dispute arising out of or related to these Terms or the Service will be resolved by final, binding arbitration, except for the small-claims and equitable-relief carve-outs below. Arbitration will be administered by JAMS under its Streamlined Arbitration Rules in effect at the time of the demand.

• Forum and venue (accessibility): To ensure fairness and accessibility, the arbitration shall be conducted entirely by video conference, telephone, or written submissions at the election of the party initiating the claim. If an in-person hearing is legally required by the arbitrator, it shall take place in the California county of your primary business residence, rather than requiring travel to San Francisco.
• Arbitrator: a single neutral arbitrator with at least 10 years' experience in technology or commercial disputes.
• Costs: each party pays its own attorneys' fees and one-half of the arbitration administrative fees, except where applicable consumer-protection law shifts costs to us.
• Decision: the arbitrator's decision is binding and may be entered in any court of competent jurisdiction.

18.3 Class-Action Waiver and PAGA Severability

YOU AGREE THAT ANY DISPUTE WILL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one party's claims and may not preside over any form of class proceeding.

PAGA Severability. Notwithstanding the foregoing, this waiver does not apply to representative claims brought under the California Private Attorneys General Act (PAGA, Labor Code §2698 et seq.). In accordance with current California jurisprudence (including Viking River Cruises v. Moriana, 596 U.S. ___ (2022) and Adolph v. Uber Technologies, 14 Cal.5th 1104 (2023)), any claim brought under PAGA must be bifurcated:

• Individual PAGA claims (seeking penalties for violations you personally suffered) shall be compelled to arbitration under this Section 18.
• Non-individual / representative PAGA claims (seeking penalties on behalf of other allegedly aggrieved employees or the State of California) shall be severed, excluded from arbitration, and stayed in a civil court of competent jurisdiction pending the final outcome of the individual arbitration.

If a court determines that this PAGA severance mechanism is unenforceable, the PAGA claim shall be litigated entirely in civil court, and the rest of this Section 18 shall remain in full force and effect.

Class-Waiver Severability. If the class-action waiver above is found unenforceable in a particular case (other than as to PAGA severance, which is addressed above), the entire arbitration agreement in this Section 18 will be null and void as to that case, and the dispute will proceed in court (subject to Section 18.5).

18.4 Carve-Outs

The following claims are not subject to arbitration:

• Small-claims court actions, provided the claim qualifies and remains in that court.
• Claims for injunctive or other equitable relief to protect intellectual-property rights.

18.5 Governing Law and Forum

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. For any claim not subject to arbitration, you and ClearDeduct consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

18.6 Opt-Out

You may opt out of the arbitration agreement in this Section 18 by sending written notice to legal@cleardeduct.com within 30 days of first accepting these Terms. The notice must include your name, account email, and a statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

18.7 Time Limit

Any claim arising out of or related to these Terms or the Service must be filed within one (1) year after the cause of action arose; otherwise, the claim is permanently barred.

19. General

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any order form or addendum we both sign, constitute the entire agreement between you and ClearDeduct and supersede any prior agreements on the subject matter.

19.2 No Waiver

Failure to enforce any provision is not a waiver of our right to enforce it later.

19.3 Severability

If any provision is held unenforceable, the remaining provisions will continue in full force, and the unenforceable provision will be reformed to the minimum extent necessary.

19.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, or sale of assets.

19.5 Force Majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, acts of war or terrorism, internet outages, government actions, or labor disputes.

19.6 Notices

Notices to you may be sent to the email address on your account. Notices to us must be sent to legal@cleardeduct.com with a courtesy copy to our mailing address [TO BE FILLED — operating entity address required before launch].

19.7 Headings

Section headings are for convenience only and do not affect interpretation.

19.8 Independent Contractors

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

19.9 No Third-Party Beneficiaries

These Terms do not confer any rights on third parties.

19.10 Changes

We may update these Terms from time to time. If we make material changes, we will notify you by email and through the app at least 30 days before the changes take effect, except where shorter notice is required by law. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree, you must stop using the Service and may close your account.

20. Contact

Billing: billing@cleardeduct.com Legal: legal@cleardeduct.com Security: security@cleardeduct.com General Support: support@cleardeduct.com Mailing address: [TO BE FILLED — operating entity address required before launch]

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.